A/HRC/34/42
80.
Throughout 2016, UNSMIL/OHCHR continued to support the Misrata/Tawergha
dialogue committee, which met seven times between March and August in Tunis in
implementation of a road map agreed on 18 December 2015, to reach the agreement signed
on 31 August on compensation and returns. It also supported an expert meeting on
reconciliation from 31 August to 2 September, which included a discussion on transitional
justice in Libya.
VII. Conclusions and recommendations
81.
The findings of the present report are consistent with those described in
previous reports of the High Commissioner on Libya, including the report of the
OHCHR investigation on Libya issued in February 2016 (A/HRC/31/47). The
recommendations in that report, including those describing the further assistance
needed to address the human rights situation in Libya, remain relevant. The present
report seeks to highlight those recommendations that are considered most urgent,
including in terms of further assistance needed, to ensure progress in the protection of
human rights in Libya.
82.
The findings of the present report demonstrate that armed groups, some of
whom act on behalf of the State, are primarily responsible for grave violations and
abuses of human rights in Libya. They hinder the effectiveness of support and impede
the implementation of the reforms needed to ensure compliance with human rights
standards and the re-establishment of the rule of law. It is therefore critical that the
Government moves towards the establishment of a professional army and police and
other security forces; prioritizes disarmament, demobilization and reintegration
programmes; and implements the justice and rule of law provisions of the Libyan
Political Agreement, including through the receipt of focused assistance in the areas
described below.
83.
The Human Rights Council also has an important role to play in
complementing and strengthening efforts towards ensuring accountability in Libya.
84.
Recognizing the urgent need to bring an end to the widespread human rights
violations and abuses being committed in Libya, the High Commissioner appeals to all
parties to the conflict to cease hostilities and support the Government of National
Accord, to move towards a State based on respect for human rights and the rule of
law.
85.
Accordingly, the High Commissioner recommends that all parties to the
conflict:
(a)
Desist immediately from all violations of international human rights law
and international humanitarian law and abuses of human rights, including those
amounting to crimes under international law;
(b)
Declare that such acts will not be tolerated and remove those suspected
of such acts from active duty, pending investigation.
86.
The High Commissioner recommends that the Government of Libya:
(a)
Address urgently the proliferation of armed groups, including through
disarmament, demobilization and reintegration, and the building of national security
forces under the command and control of the State;
(b)
Institute a comprehensive vetting programme compliant with standards
of due process to remove and prevent the recruitment into the State security forces of
individuals about whom there are reasonable grounds to believe they have been
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